Businessman Gethi fined Sh4m for IEBC tender fraud

Businessman Ben Gethi. FILE PHOTO | NMG

Businessman Benson Gethi, who is linked to the National Youth Service (NYS) scandal, and a relative were on Tuesday fined Sh4 million each for using forged documents to win a Sh105 million tender for the supply of solar lanterns to the electoral body for use in the 2013 General Election.

Mr Gethi and the relative, Joyce Makena, will each serve five years in jail if they fail to pay the fine.

The two were found guilty of forging a tax compliance certificate from the Kenya Revenue Authority (KRA) and presenting it to the Independent Electoral and Boundaries Commission (IEBC) to qualify for the tender in 2012.

The magistrate said although the two did not succeed in their scheme after the Public Procurement Administrative Review Board nullified the bid, they were dishonest and should pay for their shady deal.

“Although they did not succeed in their fraudulent scheme, the tender related to the supply of election materials to a key institution, an offence that ought to attract a serious fine,” anti-corruption chief magistrate Lawrence Mugambi said.

The court also sentenced three former IEBC employees – Kennedy Ochae, Gabriel Mutunga and Willie Gachanja Kamanga – after they were found guilty of altering tender documents to favour Gethi’s company- Solarmak Technologies.

The court noted that Mr Ochae was only three weeks old in the job, but he was exploited by Mr Mutunga – who was described by the court as the mastermind – to commit the crime. He was sentenced to pay a fine of Sh200,000 or serve one year in jail.

Mr Mutunga was ordered to pay a fine of Sh2.8 million or serve two years, while Mr Kamanga will pay a fine of Sh800,000 or a year prison term in default.

The court said although all of them were dishonest, the fact that they were first offenders and were taking care of their families was a good reason to consider a non-custodial sentence.